Okla. Stat. tit. 63, § 63-2-413.1

prosecution.

A. A peace officer shall not take a person into custody based

solely on the commission of an offense involving a controlled

dangerous substance described in subsection B of this section if the

peace officer, after making a reasonable determination and

considering the facts and surrounding circumstances, reasonably

believes that all of the following apply:

1. The peace officer has contact with the person because the

person requested emergency medical assistance for an individual who

reasonably appeared to be in need of medical assistance due to the

use of a controlled dangerous substance; and

2. The person:

a. provided his or her full name and any other relevant

information requested by the peace officer,

b. remained at the scene with the individual who

reasonably appeared to be in need of medical

assistance due to the use of a controlled dangerous

substance until emergency medical assistance arrived,

and

c. cooperated with emergency medical assistance personnel

and peace officers at the scene.

B. A person who meets the criteria of subsection A of this

section is immune from criminal prosecution for possession of a

Schedule I or Schedule II controlled dangerous substance, as listed

in Sections 2-204 and 2-206 of Title 63 of the Oklahoma Statutes,

provided the amount of such controlled dangerous substance does not

constitute trafficking, as provided in subsection C of Section 2-415

of Title 63 of the Oklahoma Statutes, and for possession of drug

paraphernalia associated with a controlled dangerous substance, as

defined in paragraph 36 of Section 2-101 of Title 63 of the Oklahoma

Statutes. Further, a person is only immune from prosecution for the

Oklahoma Statutes - Title 63. Public Health and Safety Page 999

aforementioned offenses if the offense involved a state of

intoxication caused by the use of a controlled dangerous substance

by a person or if the offense involved the person being or becoming

intoxicated as a result of the use of a controlled dangerous

substance by a person.

C. A person may not initiate or maintain an action against a

peace officer or the employing political subdivision of the peace

officer based on the compliance or failure of the peace officer to

comply with the provisions of this section.

D. For the purposes of this section, "peace officer" shall have

the same meaning as defined in Section 99 of Title 21 of the

Oklahoma Statutes.